SCC reserves judgement on legal issues in murder trial

The Special Criminal Court in Dublin has reserved judgment on legal issues in the trial of a Northern Ireland man accused of murdering another man close to the border over three years ago.

Martin Kelly, is on trial for the murder of Mr Andrew Burns whose body was found by a group of teenagers in the car park of a church at Donnyloop in Co Donegal in 2008.

It is the prosecution case that Kelly was part of a joint enterprise to lure Mr Burns from Strabane to Donnyloop where he was shot twice.

The shooting was heard by a group of five young people from Clady, Co Tyrone who were walking in the area.

Martin Kelly (aged 36),a bus driver, of Barrack St, Strabane, Co Tyrone has pleaded not guilty to the murder of Mr Andrew Burns (aged 27), an unemployed man, also from Strabane at Donnyloop, Castlefin, Co Donegal on February 12, 2008.

The court has heard that Mr Burns was shot twice in the back with the fatal gunshot penetrating his aorta, causing massive blood loss and death.

The three judge non jury court has heard 12 days of evidence in a "trial within a trial" on the admissibility of alleged statements made by Kelly while in garda custody in Letterkenny and during an interview in the North with two senior garda officers.

The defence is challenging the arrest and detention of the accused at Letterkenny Garda Station. The defence is also challenging the admissibility of alleged statements made by Kelly on the grounds that they were not made voluntarily because of "inducements and threats" by members of the gardaí.

Mr Justice Paul Butler, presiding, made an order that there should be no reporting of the evidence in the "trial within a trial" until the court has decided on the legal issues.

The court has reserved judgment on the legal issues until a later date.